Bill Text: NY A10316 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the humane destruction or other disposition of certain animals by shelters; requires animals to be made available for adoption for 90 days unless a veterinarian certifies that such animal should be humanely destroyed for health reasons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-20 - referred to agriculture [A10316 Detail]
Download: New_York-2015-A10316-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10316 IN ASSEMBLY May 20, 2016 ___________ Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the humane destruction or other disposition of certain animals by a duly incorporated humane society or society for the prevention of cruelty to animals, dog control officer, or any police officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 6, 7, 7-a, 8, 9 and 11 of section 117 of the 2 agriculture and markets law, such section as renumbered by section 12 of 3 part T of chapter 59 of the laws of 2010, subdivision 6, 9 and 11 as 4 added by chapter 220 of the laws of 1978, subdivision 7 as amended by 5 section 13 of part T of chapter 59 of the laws of 2010, subdivision 7-a 6 as amended by chapter 83 of the laws of 2011 and subdivision 8 as 7 amended by chapter 221 of the laws of 1978, are amended to read as 8 follows: 9 6. Promptly upon seizure of any identified dog, the owner of record of 10 such dog shall be notified personally or by certified mail, return 11 receipt requested, of the facts of seizure and the procedure for redemp- 12 tion. If notification is personally given, such dog shall be held for a 13 period of seven days after day of notice, during which period the dog 14 may be redeemed by the owner. If such notification is made by mail, such 15 dog shall be held for a period of nine days from the date of mailing, 16 during which period the dog may be redeemed by the owner. In either 17 case, the owner may redeem such dog upon payment of the impoundment fees 18 prescribed by subdivision four of this section and by producing proof 19 that the dog has been licensed, provided, however, that the notification 20 requirements and redemption rights provided by this subdivision are 21 inapplicable if the owner relinquished possession and control of the dog 22 pursuant to subdivision one of section three hundred seventy-four of 23 this chapter and such dog shall be made available for adoption subject 24 to subdivision seven, seven-a, eight and nine of this section and 25 subject to the provisions of subdivisions two and three of section three 26 hundred seventy-four of this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14256-03-6A. 10316 2 1 7. An owner shall forfeit title to any dog unredeemed at the expira- 2 tion of the appropriate redemption period prescribed by subdivisions 3 six, eight and nine of this section and subject to the provisions of 4 section three hundred seventy-four of this chapter, and the dog shall 5 then be made available for adoption [or euthanized] subject to [subdivi-6sions six, eight and nine] subdivision seven-a of this section and 7 subject to the provisions of section three hundred seventy-four of this 8 chapter or euthanized subject to the provisions of section three hundred 9 seventy-four of this chapter. Any municipality may by local law or ordi- 10 nance establish additional conditions for adoption including the 11 requirement that adopted dogs shall be spayed or neutered before or 12 after release from custody upon such terms and conditions as the munici- 13 pality may establish. 14 7-a. Any animal in the custody of a pound or shelter shall, after the 15 expiration of the appropriate redemption period prescribed by subdivi- 16 sions six, eight and nine of this section and subject to the provisions 17 of section three hundred seventy-four of this chapter, be made available 18 for adoption or euthanized subject to [subdivisions six, eight and nine19of this section and subject to] the provisions of section three hundred 20 seventy-four of this chapter [after the time for redemption has21expired]; provided, however, that such release may be made to another 22 such pound, duly incorporated society for the prevention of cruelty to 23 animals, duly incorporated humane society or duly incorporated animal 24 protective association for the sole purpose of placing such animal in an 25 adoptive home, when such action is reasonably believed to improve the 26 opportunity for adoption. 27 8. The redemption periods set forth above in this section notwith- 28 standing, any municipality may establish the duration of such periods by 29 local law or ordinance, provided that no such period shall be less than 30 [three] five days, except that where notice to the owner is given by 31 mail, no such period shall be less than seven days. 32 9. Any dog, owned by a resident of any city having a population of 33 over two million or by a non-resident of this state, seized and impound- 34 ed pursuant to the provisions of this article, and whose owner can be 35 identified, shall be subject to subdivision six of this section, 36 provided, however, that the notification requirements and redemption 37 rights provided by such subdivision are inapplicable if the owner relin- 38 quished possession and control of the dog pursuant to subdivision one of 39 section three hundred seventy-four of this chapter and such dog shall be 40 made available for adoption pursuant to the provisions of subdivisions 41 two and three of section three hundred seventy-four of this chapter. If 42 the dog is licensed pursuant to the provisions of law of the area of the 43 owner's residence, the licensing requirements of this article shall not 44 apply provided such dog is not harbored within this state outside any 45 city having a population of over two million for a period exceeding 46 thirty days. 47 11. No liability in damages or otherwise shall be incurred on account 48 of the seizure, euthanization or adoption of any dog pursuant to the 49 provisions of this article or of section three hundred seventy-four of 50 this chapter. 51 § 2. Subdivisions 1 and 2 of section 374 of the agriculture and 52 markets law, as amended by chapter 449 of the laws of 2010, are amended 53 to read as follows: 54 1. Any agent or officer of any duly incorporated humane society, a 55 duly incorporated society for the prevention of cruelty to animals, any 56 dog control officer, or any police officer, may lawfully cause to beA. 10316 3 1 humanely destroyed (by means provided for in paragraph a of subdivision 2 three of this section) any animal found abandoned and not properly cared 3 for, or any lost, strayed, homeless or unwanted animal, if upon examina- 4 tion a licensed veterinarian shall certify in writing, or if two 5 reputable citizens called upon by such agent, officer or police officer 6 to view the same in his or her presence find that the animal is so 7 maimed, diseased, disabled, or infirm so as to be unfit for any useful 8 purpose and that humane euthanasia is warranted; or after such agent, 9 officer or police officer has obtained in writing from the owner of such 10 animal his or her consent to such destruction; provided however, that if 11 an animal is not maimed, diseased, disabled or infirm such owner shall 12 not consent to destruction of such animal and shall relinquish ownership 13 and possession of such animal to a duly incorporated humane society, a 14 duly incorporated society for the prevention of cruelty to animals, or 15 any pound maintained by or under contract or agreement with any county, 16 city, town or village. 17 2. In the absence of such findings or certification, a duly incorpo- 18 rated humane society, a duly incorporated society for the prevention of 19 cruelty to animals, or any pound maintained by or under contract or 20 agreement with any county, city, town or village [may] shall after five 21 days make available for adoption [or have humanely destroyed in accord-22ance with the provisions of this section and subject to], unless a long- 23 er period is prescribed by subdivisions six, eight and nine of section 24 one hundred [eighteen] seventeen of this chapter, any animal of which 25 possession is taken as provided for in [the preceding] section three 26 hundred seventy-three of this article, unless the same is earlier 27 redeemed by its owner, provided that no owner who relinquished 28 possession and ownership of an animal pursuant to subdivision one of 29 this section shall be allowed to redeem such animal and such animal 30 shall be immediately made available for adoption. 31 § 3. Section 374 of the agriculture and markets law is amended by 32 adding a new subdivision 2-a to read as follows: 33 2-a. Any animal of which possession is taken pursuant to subdivision 34 one of this section that is in the possession of a duly incorporated 35 humane society, a duly incorporated society for the prevention of cruel- 36 ty to animals, or any pound maintained by or under contract or agreement 37 with any county, city, town or village and has not been redeemed or 38 adopted pursuant to subdivision two of this section, shall be made 39 available for adoption for a reasonably practicable period that shall 40 not be less than ninety days, which shall commence immediately after the 41 expiration of the redemption period provided by subdivision two of this 42 section provided that if during such period a veterinarian certifies 43 that such animal is so maimed, diseased, disabled, or infirm as to be 44 unfit for any useful purpose such animal may, in the discretion of the 45 entity in possession of such animal, be humanely destroyed in accordance 46 with the provisions of this section and subject to subdivisions six, 47 eight and nine of section one hundred seventeen of this chapter prior to 48 the expiration of such period. After the expiration of such period, such 49 animal may, in the discretion of the entity in possession of such 50 animal, be humanely destroyed in accordance with the provisions of this 51 section and subject to subdivisions six, eight and nine of section one 52 hundred seventeen of this chapter. For purposes of this subdivision, 53 when determining a reasonably practicable period, consideration shall be 54 given to the number of other animals at the shelter, the shelter's 55 capacity for housing and caring for animals, the length of time that the 56 animal has been in the shelter, and the animal's health.A. 10316 4 1 § 4. This act shall take effect on the ninetieth day after it shall 2 have become a law; provided, however, that effective immediately, the 3 addition, amendment and/or repeal of any rule or regulation necessary 4 for the implementation of this act on its effective date are authorized 5 and directed to be made and completed on or before such effective date.
